Legal Research Center
For Professor Folsom NAFTA Resources Fall 2007
LRC Reference Desk: (619) 260-4612 lrcrefer@sandiego.edu
Melissa Fung, Foreign & International Specialist University of San Diego Legal Research Center Tel: (619) 260-4734 mfung@sandiego.edu
Judith Lihosit, Instruction & Outreach Specialist University of San Diego Legal Research Center Tel: (619) 260-4752 jlihosit@sandiego.edu
What we will cover
How to find materials at the LRC (and elsewhere too) Resources to help you research NAFTA Resources to help you research CAFTA & other FTA’s Useful Agency & Organizational Sites
How to find materials at the LRC (and elsewhere too)
Searching the catalogs
Sally: The Legal Research Center’s online catalog (SALLY) is an index to materials held at the LRC and the Main Library (Copley) Remember that Sally can be used to find not just materials in our print collection, but it also provides direct access to materials in our subscription databases, and it also links to websites! You can link to Sally off of the LRC’s webpage, or by going directly to: http://sally.sandiego.edu
Searching the catalogs
Circuit Catalog: Because USD is a member of a library consortium called the Circuit, you can search the catalogs of and borrow materials from any of the member libraries which include SDSU, UCSD, CSU San Marcos, and the San Diego County Library System. As you can imagine, this greatly increases the universe of materials that are accessible to you!
Access: You can link to the Circuit catalog through Sally (click on the hyperlinked Circuit logo) or go to: http://circuit.sdsu.edu
Searching the catalogs
Interlibrary Loan (ILL): But that’s not all! If you’re looking for an item and can’t find it in Sally or the Circuit, then come ask a reference librarian if it can be interlibrary-loaned from a participating member of a worldwide network of libraries.
Databases & Indexes that Can Help you Find Journal & News Articles
Full-text databases
Lexis-Nexis: Law Reviews & Journals (Lawrev)
Westlaw: Journals & Law Reviews (JLR)
Hein-Online is a database that contains digital (PDF) images of law reviews from U.S. law schools. Although it doesn’t allow for fancy Boolean searching, it provides coverage back to the first issue of all journals. Access: through the “Legal Research Database” button through our home page or go to: http://www.sandiego.edu/lrc/database/ SSRN provides access to abstracts and full-text articles for working papers and journals whose publishers SSRN has agreements with. You can search for abstracts without charge, and this is a good place to check to see what research is currently being conducted. Also, once you locate an article or working paper, you can frequently find a full-text version available through the author’s website. Contact a reference librarian if you do want to download an article that requires a fee.
Access: to search the database, go to: http://www.ssrn.com/
Useful journal indexes
Legal Resource Index (LRI) is an index to articles from more than 850 journals from the United States, Canada, Great Britain, New Zealand, and Australia, including law reviews, bar association journals, and legal newspapers. Coverage begins with 1980. Access: either Westlaw or Lexis-Nexis (identifier is LRI). LegalTrac™ indexes around 875 titles including major law reviews, legal newspapers, bar association journals and international legal journals. Accessible only from on-campus computers. Access: through the “Legal Research Database” button through our home page or go to: http://www.sandiego.edu/lrc/database/
Index to Foreign Legal Periodicals a multilingual index to articles and book reviews appearing in approximately 520 legal journals published worldwide. Access: Print (Call Number Ref K33 .I32)
Legal Journals Index References to or abstracts of articles from more than 430 legal journals published in the United Kingdom and other European countries or covering topics pertaining to the laws of the European Union and its member states. Coverage begins with 1986 Access: Westlaw (LJI)
Copley databases
What they are: in addition to the databases that the LRC subscribes to, you also have access to Copley’s multi-disciplinary databases, where you can search through abstracts and full-text articles of journals in the area of sociology, psychology, humanities, science, etc. Access: through Sally, or go to: http://marian.sandiego.edu/alldbs.htm
Basic Print Resources
Agriculture in the U.S.-Dominican Republic-Central American Free Trade Agreement / Remy Jurenas LRC Microforms JK 1108 M35 Suppl. 2005 no. 05-RL-32110a
Dispute Settlement Under NAFTA / Leon E. Trakman LRC Reading Room KDZ 525 T73 1997
The Dominican Republic-Central America-U.S. Free Trade Agreement (DR-CAFTA) / J.F. Hornbeck LRC Microforms JK 1108 M35 Suppl. 2005 no. 05-RL-31870a Economic Globalization & Compliance with International Environmental Agreements / Alexander Kiss et. al., eds. LRC Reading Room K 3585 E29 2003 The EU, the WTO, & the NAFTA: Toward a Common Law of International Trade? LRC Reading Room KZ 3092 E83 2000 Handbook of NAFTA Dispute Settlement / Ralph H. Folsom et at. LRC Reading Room KDZ 944 F65
Basic Print Resources (cont.)
International Trade Reporter (BNA) LRC Reading Room KF 1975 A8 I 573
NAFTA’s Second Decade: Assessing Opportunities in the Mexican & Canadian Markets / Louis E.V. Nevaer LRC Reading Room HF 1746 N48 2004
International Trade & Investment in a Nutshell / Ralph H. Folsom LRC Reserve K 3943 F64 1996 NAFTA & Free Trade in the Americas in a Nutshell / Ralph Folsom LRC Reserve KDZ 944 F653 2004 NAFTA in a Nutshell / Ralph H. Folsom LRC Reading Room KDZ 944 F653 1999 North American Free Trade Agreements / James R. Holbein & Donald J. Musch, eds. LRC Reading Room KDZ 945 A41993 A5
Basic Print Resources (cont.)
North American Free Trade Agreement (NAFTA): Documents & Materials Including a Legislative History of the North American Free Trade Agreement Implementation Act: Public Law 103-182 (1994) Available at UCSD, request via Circuit NAFTA Chapter 11: Investor State disputes: Litigation Against Sovereigns LRC Reading Room KDZ 944 A41992 N334 2000 NAFTA Text: Final Version, Including Supplemental Agreements LRC Reading Room KDZ 944 A41992 A2 1994 Regional Trade Agreements & the WTO Legal System LRC Reading Room K 4610 R44 2006 The Social Construction of Free Trade: The European Union, NAFTA, & MERCOSUR / Francesco Duina LRC Reading Room HF 1713 D85 2006
NAFTA Basics
Text of the Agreement Implementing Legislation Dispute Resolution
Text of the Agreement
International Legal Materials
LRC Reading Room KZ64 .I58 Lexis (INTLAW;ILM), Westlaw (ILM), HeinOnline
32 I.L.M. 289 (1993) (table of contents, preamble, parts I-III) 32 I.L.M. 605 (1993) (parts IV-VII, annexes) 32 I.L.M. 1480 (1993) (Environmental Cooperation) 32 I.L.M. 1502 (1993) (Labor Cooperation) 32 I.L.M. 1520 (1993) (Emergency Measures)
Text and Side Agreements
Text of the Agreement
NAFTA text : final version, including supplemental agreements Canada (1994)
LRC Reserve KDZ944.A41992 A2 1994
North American Free Trade Agreements
Six volume loose-leaf service compiled and edited by James R. Holbein (previous head of the NAFTA Secretariat within the International Trade Administration) and Donald J. Musch LRC Reading Room KDZ945.A41993 A5 1992
Text of the Agreement
The text of the agreement is available online at: The NAFTA Secretariat web site http://www.nafta-sec-alena.org Worldtradelaw.net http://www.worldtradelaw.net/nafta/index.htm The Trade Compliance Center of the International Trade Administration http://www.tcc.mac.doc.gov/ Draft negotiating texts are often available online on the websites above and those listed in this PowerPoint under Other Useful Websites
Implementing Legislation
The implementing legislation, known as the North American Free Trade Agreement Implementation Act, was passed in December, 1993 (Pub. L. No. 103-182, 107 Stat. 2057)
Federal Register Regulations implementing NAFTA for such agencies as the U.S. Customs Service and the International Trade Administration (Department of Commerce). James R. Holbein and Donald J. Musch, North American Free Trade Agreements Bibliography of Federal Register notices LRC Reading Room KDZ945.A41993 A5 1992 North American Free Trade Agreement (NAFTA): Documents and Materials Including a Legislative History of the North American Free Trade Agreement Implementation Act: Public Law 103-182 (1994) Exhaustive legislative history of NAFTA which includes the texts of the agreement, chronologies, and bibliographies Available at UCSD, request via Circuit
Dispute Resolution: Overview
NAFTA’s dispute resolution mechanism includes provisions for panels to settle disputes. The NAFTA Secretariat administers the dispute settlement procedure.
NAFTA Secretariat Contains panel decisions (for both the NAFTA and the FTA), the Code of Conduct for dispute settlement, rules of procedure for panels, information on the status of panels and a roster of panel members. http://www.nafta-sec-alena.org NAFTAClaims A good source of information about the NAFTA dispute settlement process; it includes copies of recent NAFTA Claim documents. http://www.naftaclaims.com/
Dispute Resolutions: Online Sources for Panel Decisions
Panel decisions under NAFTA (and under the U.S.-Canada Free-Trade Agreement) Lexis (Short Name INTLAW;NAFDEC) Westlaw (NAFTA-BIP) Worldtradelaw.net Chapter 20 arbitral panel reports http://www.worldtradelaw.net/nafta20/index.htm Chapter 11 disputes (selected government submissions) http://www.worldtradelaw.net/dsc/main.htm U.S. Department of State NAFTA Investor-State Arbitrations Expropriation and other international investment disputes between North American investors and the governments of Canada, Mexico or the U.S. http://www.state.gov/s/l/c3439.htm
Dispute Resolution: Key Print Resources
James R. Holbein and Donald J. Musch, North American Free Trade Agreements LRC Reading Room KDZ945.A41993 A5 1992 Ralph Folsom, Handbook of NAFTA Dispute Settlement Includes a description of NAFTA dispute procedures, cases decided under NAFTA and CFTA, and reprints of documents related to dispute resolution. LRC Reading Room KDZ944 .F65 Leon E. Trakman, Dispute Settlement Under the NAFTA: Manual and Source Book Explains the dispute resolution process and outlines activities of working groups and committees. LRC Reading Room KDZ525 .T73 1997
Dispute Resolution: Side Agreements
The North American Agreement on Labor Cooperation (NAALC) National Administrative Offices http://www.naalc.org/english/nao/shtml The North American Agreement on Environmental Cooperation (NAAEC) Commission for Environmental Cooperation http://www.cec.org
RESEARCH GUIDES AND OTHER USEFUL WEBSITES
RESEARCH GUIDES
NAFTA Katherine Topulos, Duke Law Library http://www.law.duke.edu/lib/researchguides/nafta.html NAFTA Research Jeanne Rehberg, New York University School of Law Library http://www.law.nyu.edu/library/naftaguide.html NAFTA – Research Guide Harvard Law School Library http://www.law.harvard.edu/library/services/research/gu ides/international/nafta.php
RESEARCH GUIDES
North American Free Trade Agreement Broader Borders, University of San Diego http://www.sandiego.edu/lrc/broaderborders/nafta.html Basic Info and Online Sources for NAFTA and CAFTA Research Francisco Avalos and Maureen Garmon, Globalex http://www.nyulawglobal.org/globalex/NAFTA_CAFTA_R esearch.htm Foreign Investment Research Tips Dana Neacşu, Arthur W. Diamond Law Library http://www.law.columbia.edu/library/Research_Guides/i nternat_law/investment_tips
RESEARCH GUIDES
International Trade Law E.B. Williams & John Wolff Law Libraries, Georgetown University Law School http://www.ll.georgetown.edu/intl/guides/InternationalT radeLaw.cfm North American Free Trade Agreement (NAFTA) Electronic Information System for International Law (EISIL) http://www.eisil.org/index.php?sid=921022417&t=sub_ pages&cat=626
Other Useful Websites
NAFTA Secretariat The NAFTA Secretariat is responsible for the administration of the dispute settlement provisions of the Agreement. The NAFTA Secretariat web site includes the text of the agreement, panel reports and other useful documents. http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx Worldtradelaw.net (NAFTA and Panel reports) Includes access to the texts of NAFTA agreements, and Chapter 20 panel reports with summaries and analyses http://worldtradelaw.net/ NAFTAClaims Information about NAFTA investor-state dispute settlement; copies of recent NAFTA legal documents http://www.naftaclaims.com/
Other Useful Websites
Appleton & Associates Appleton & Associates is an international law firm that specializes in international trade, commercial and international investment arbitration. This website contains a guide to the main features of the agreement and a separate section for NAFTA cases. http://www.appletonlaw.com/3a-Nafta.htm http://www.appletonlaw.com/4acases.htm United States-Mexico Chamber of Commerce Comprehensive coverage of information on the Mexican Government, information on the Mexican Economy, and information on studies dealing with all aspects of NAFTA http://www.usmoc.org/nafta.html Public Citizen: Global Trade Watch National, nonprofit public-interest watchdog organization. Includes a NAFTA report card, database, charts, and other publications. http://www.tradewatch.org Business Week Online http://www.businessweek.com
CAFTA
CAFTA
U.S.T.R’s CAFTA-DR free trade page (go here for the full-text of the agreement, implementing legislation, policy briefs, etc.): http://www.ustr.gov/Trade_Agreements/Bilateral/CAFTA/Section_Index.html
USDA Foreign Agricultural Service CAFTA page: http://www.fas.usda.gov/itp/CAFTA/cafta.asp
White House CAFTA page: http://www.whitehouse.gov/infocus/cafta/ U.S. Export CAFTA page: http://www.export.gov/fta/CAFTA/index.asp?dName=CAFTA
Washington Office on Latin America (WOLA): http://www.wola.org/index.php?&option=com_content&task=blogsection&id=6&Ite mid=&topic=Rights+and+Development&sub=1&content_topic=CAFTA
Georgetown Law Library’s international trade research guide: http://www.ll.georgetown.edu/intl/guides/InternationalTradeLaw.cfm#cafta
NYU Law School’s Globalex NAFTA & CAFTA Research Guide: http://www.nyulawglobal.org/globalex/NAFTA_CAFTA_Research.htm
NYPL International Trade page: http://www.nypl.org/research/sibl/trade/trade.html
Finding Other FTA’s
Office of the U.S. Trade Representative: Provides information about (and full-text of) any trade agreements the U.S. is involved, both regional and bilateral. Also provides detailed info on U.S. WTO activities, trade “preference programs”, trade capacity building, and trade sector information. http://www.ustr.gov/Trade_Agreements/Section_Index.html
TradeAgreements.gov: (“A joint effort between the Departments of Agriculture, Commerce, State, Treasury and the Office of the United States Trade Representative, this site will be regularly updated with news about existing agreements, as well as pending free trade agreements with Peru, Colombia, Panama and South Korea”: http://www.tradeagreements.gov/
SICE Foreign Trade Information System: “the Organization of American State's Foreign Trade Information System - centralizes information on trade policy in the Americas. On the SICE Website, you will find the full texts of trade agreements in force for OAS Member States, new and ongoing trade policy developments, information on national trade-related legislation, links to international, regional and national sources of trade policy information and more!” http://www.sice.oas.org/agreements_e.asp National Law Center for Inter-American Free Trade (Inter-Am Database): This is one of the LRC’s subscription databases. Some of the documents can be viewed for free, but for those that require a fee, please see an LRC Reference Librarian. Provides access to treaties, free-trade agreements, and other international agreements among the countries of the Americas. http://www.natlaw.com/treaties.htm
Finding Other FTA’s (cont.)
Tips on Using Google: authentication, currency, quality Ministry of Foreign Affairs of Japan Free Trade Agreement & Economic Partnership Agreement page: Provides access to free trade or economic partnership involving Japan. You may access fulltext of the agreements, and read about ongoing negotiations and developments. http://www.mofa.go.jp/policy/economy/fta/index.html Australia-United States Free Trade Agreement: The Australian Government Department of Foreign Affairs and Trade provides fulltext of this agreement in addition to background information and other related resources. http://www.dfat.gov.au/trade/negotiations/us.html Note: this agreement is also available off of USTR
Dispute resolution
World Trade Organization (WTO) dispute resolution page: http://www.wto.org/english/tratop_e/dispu_e/di spu_e.htm Disputes under CAFTA-DR resolved under Ch. 20 of the agreement: http://www.ustr.gov/assets/Trade_Agreements/ Bilateral/CAFTA/CAFTADR_Final_Texts/asset_upload_file85_3940.pdf
Dispute Resolution Mechanisms in the U.S.
U.S. Customs & Border Protection Import Spotlight: “The Antidumping and Countervailing Duty (AD/CVD) program helps U.S. companies compete with foreign industry. The number of cases related to this area continues to grow. In addition to Customs, the Department of Commerce (Commerce) and U. S. International Trade Commission (ITC) have key roles in administering AD/CVD laws.” http://www.cbp.gov/xp/cgov/import/ United States Department of Commerce & the Intn’l Trade Administration (ITA): “ITA’s Import Administration is the agency’s lead unit on enforcing trade laws and agreements to prevent unfairly traded imports and to safeguard jobs and the competitive strength of American industry.” This department makes dumping & subsidy determinations. http://www.commerce.gov/ Westlaw: FINT-ICA (ITA documents from the Federal Register from 1980-present) United States International Trade Commission: The ITC is an independent quasi-judicial federal agency that investigates the effects of dumping on domestic industries. Provides access to the Official Harmonized Tariff Schedule. Also issues cease & desist orders for IP infringement, in addition to orders directing Customs to stop infringing products at the border http://www.usitc.gov/trade_remedy/index.htm Westlaw: FINT-ITC (ITC documents from 1975-present) LEXIS: to find ITC decisions, ALJ determinations and general counsel memos, in addition to ITC notices, go to: Legal > Area of Law - By Topic > International Trade > Find Statutes, Regulations & Administrative Materials > USITC
Dispute Resolution Mechanisms in the U.S.
United States Court of International Trade: Formerly called the U.S. Customs Court. Provides for judicial review of civil actions arising out of import transactions and federal statutes affecting international trade. http://www.cit.uscourts.gov/ Westlaw: FINT-CIT (cases from 1938) LEXIS: US Court of International Trade Cases (cases from 1980) United States Court of Appeals for the Federal Circuit: “Appeals from the US Court of International Trade and the US International Trade Commission are heard by the Federal Circuit. The Federal Circuit, established by Congress in 1982, is the only US court of appeals defined exclusively by its jurisdiction rather than geographical boundaries. This site includes the rules of court, internal operating procedures, court opinions and decisions.” http://www.fedcir.gov/index.html Westlaw: FINT-CS (federal cases dealing with international trade from 1789present) LEXIS: Federal Circuit - US Court of Appeals Cases
Useful Agency & Org. Sites
U.N. Commission on International Trade Law (UNCITRAL): “The United Nations Commission on International Trade Law (UNCITRAL) (established in 1966) is a subsidiary body of the General Assembly of the United Nations with the general mandate to further the progressive harmonization and unification of the law of international trade. UNCITRAL has since prepared a wide range of conventions, model laws and other instruments dealing with the substantive law that governs trade transactions or other aspects of business law which have an impact on international trade.” http://www.uncitral.org/uncitral/en/index.html Free Trade Area of the Americas “The effort to unite the economies of the Americas into a single free trade area began at the Summit of the Americas, which was held in December 1994 in Miami, USA. The Heads of State and Government of the 34 democracies in the region agreed to construct a Free Trade Area of the Americas, or FTAA, in which barriers to trade and investment will be progressively eliminated.” http://www.ftaa-alca.org/alca_e.asp
Organisation for Economic Co-Operation and Development: “The OECD groups 30 member countries sharing a commitment to democratic government and the market economy. Best known for its publications and its statistics, its work covers economic and social issues from macroeconomics, to trade, education, development and science and innovation.”
http://www.oecd.org/home/0,2987,en_2649_201185_1_1_1_1_1,00.html
Useful Agency & Org. Sites
Global Trade Negotiations Home Page - Center For International Development @ Harvard: “The Global Trade Negotiations Home Page was launched in August 1999 to provide a centralized information resource on global trade negotiations. While it gathers and disseminates information and research on the multilateral trade system, it does not advocate any specific trade policies or support any particular ideology. Rather, as an academic resource, it offers an objective entry point to the many trade-related resources on the internet.” GTN is a project of the Center for International Development at Harvard University. The site provides articles, research papers, issue summaries, and links to other websites. http://www.cid.harvard.edu/cidtrade/index.html bilaterals.org: “bilaterals.org is a collective effort to share information and stimulate cooperation against bilateral trade and investment agreements that are opening countries to the deepest forms of penetration by transnational corporations.” Provides news clippings of trade negotiations, deals, agreements going on worldwide. http://www.bilaterals.org/ Global Exchange: “Global Exchange is an international human rights organization dedicated to promoting political, social and environmental justice globally.” http://www.globalexchange.org/campaigns/wto/
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Ref. Desk E-mail: lrcrefer@sandiego.edu